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201302388 <br />18. BINDING ENi1;CT. Upon conveyance of the Property during the Term, the Owner <br />shall require its successor or assignee to assume its obligations under this Agreement. In any event, <br />this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their <br />respective successors and/or assigns. <br />19. AMENDMENT. Notwithstanding paragraph 16, this Agreement may not be modified <br />except by an instrument in writing executed by each of the parties that are signatories hereto. <br />20. SEVERABILITY. Notwithstanding anything herein contained, if any one or more of <br />the provisions of this Agreement shall for any reason whatsoever be held to be illegal, invalid or <br />unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect any other <br />provision of this Agreement, but this Agreement shall be construed as if such illegal, invalid or <br />unenforceable provision had never been contained herein. <br />21. HEADINGS. The headings and titles to the sections of this Agreement are inserted <br />for convenience only and shall not be deemed a part hereof nor affect the construction or <br />interpretation of any provisions hereof. <br />22. GOVERNINGLAW. This Agreement shall be governed by all applicable federal laws <br />and the laws of the state in which the Project is located. <br />23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, <br />all of which counterparts shall be construed together and shall constitute but one agreement. <br />24. OWNER'S GREEN COMMITMENTS. Owner acknowledges that Owner will receive <br />significant incentives in connection with the Projects participation in the Mark-to-Market Green <br />Initiative. Owner agrees to comply with Owner's Green Commitments attached hereto as Exhibit D. <br />142M1 eAgn1Rev'sed for Green Initiative (October 2011) <br />(Remainder of this page intentionally left blank) <br />7 FRENCH VLIAGE <br />